Louisiana Administrative Code
Title 43 - NATURAL RESOURCES
Part I - Office of the Secretary
Subpart 1 - General
Chapter 10 - Leasing State Lands and Water Bottoms for the Exploration, Development and Production of Wind Energy
Section I-1011 - Nomination of State Lands and Water Bottoms for Wind Lease
Universal Citation: LA Admin Code I-1011
Current through Register Vol. 50, No. 9, September 20, 2024
A. Interested, registered parties shall nominate state lands and water bottoms for wind lease by scheduling a pre-nomination meeting with and submitting proposals (called "nominations") by application to the Office of Mineral Resources in the form it requires. Each application shall include a description of the land, including a map, on both paper and diskette or CD-ROM, and be accompanied by submission of a nonrefundable $400 processing fee made payable to the Office of Mineral Resources, as well as any other documentation and information required.
B. Only those parties who are registered applicants with the Office of Mineral Resources as set forth under §1007. A shall be allowed to nominate state lands and water bottoms for wind lease.
C. A party interested in nominating state lands and water bottoms for wind lease shall observe the following restrictions.
1. Use bearing, distance and X-Y
coordinates based on the Louisiana Coordinate System of 1927, North or South
Zone (as applicable), to accurately and clearly describe the nominated acreage.
Determine whether the acreage to be nominated falls in the North Zone or the
South Zone of the Louisiana Coordinate System of 1927 and provide this
information in the nomination packet. A single nomination may contain acreage
that falls partially in the North Zone and partially in the South Zone.
However, allocate the nominated acreage to the zone wherein the majority of the
acreage falls and use that zone's coordinates (see
R.S.
50:1).
a. A
nominating party is excepted from using the Louisiana Coordinate System of 1927
only if the acreage to be nominated is not susceptible of or has another type
legal description not translatable into a description using bearing, distance
and X-Y coordinates based on the Louisiana Coordinate System of 1927. If the
acreage to be nominated falls under this exception, the nominating party is
allowed to provide the legal description of the property as provided in the
title deed wherein the state acquired its ownership interest in the
property.
2. N ominate
5,000 acres or less of state lands and water bottoms for state wind lease in a
single nomination.
3. Delineate the
nominated acreage by a square or rectangle only, no side of which shall be
greater than 3 1/2 half miles 18,480.00 feet in length.
a. A nominating party is excepted from
delineating the nominated acreage by a square or rectangle when the nominated
acreage abuts the Three Mile Line as decreed by the United States Supreme Court
in United States v. State of Louisiana et al. In this situation, use a polygon
as close in shape to a square or rectangle as is practical.
D. A party interested in nominating state lands and water bottoms for wind lease shall schedule a pre-nomination meeting with the Office of Mineral Resources, at which meeting the party shall submit a nomination packet that includes one copy (unless required otherwise) of the following items:
1. an official letter of application for a
state wind lease available from the Office of Mineral Resources. Provide three
originally signed paper copies and no electronic copy;
2. any title documentation obtained pursuant
to §1009.
A 6;
3. any proof of notification documentation
obtained pursuant to
§1009. B 2;
4. a written property description of the
nominated acreage, fully justified, using Microsoft Word. Provide three
original paper copies and one electronic copy as a Word .doc file on the
nomination diskette or CD-ROM. Include:
a. a
designated point of beginning using X-Y coordinates based on the Louisiana
Coordinate System of 1927, North or South Zone (as applicable), then going
clockwise fully write out (no abbreviations or symbols) bearing and distance to
the next X-Y coordinates for each corner back to the point of
beginning;
b. the gross acreage
amount of state lands and water bottoms, inclusive of Louisiana Wildlife and
Fisheries Commission/Louisiana Department of Wildlife and Fisheries Property,
contained within the nomination area;
c. the net acreage amount of state lands and
water bottoms, exclusive of Louisiana Wildlife and Fisheries
Commission/Louisiana Department of Wildlife and Fisheries property, contained
within the nomination area; and
d.
the net acreage amount of Louisiana Wildlife and Fisheries Commission/Louisiana
Department of Wildlife and Fisheries property contained within the nomination
area;
5. a plat of the
nominated acreage, using the most recent background imagery. Use X-Y
coordinates based on the Louisiana Coordinate System of 1927, North or South
Zone (as applicable). Provide three original paper copies and one electronic
copy as a .pdf file on the nomination diskette or CD-ROM. Include:
a. an outline of the nominated acreage with a
designated point of beginning and corners using X-Y coordinates that exactly
match the X-Y coordinates for the point of beginning and corners provided in
the written property description, clearly labeled therein;
b. an outline of the state lands and water
bottoms falling in the nomination area, clearly labeled along with the acreage
amount contained therein;
c. an
outline of any Louisiana Wildlife and Fisheries Commission/Louisiana Department
of Wildlife and Fisheries property, school indemnity lands, tax adjudicated
lands, vacant state lands, White Lake, and legal areas, falling in the
nomination area, clearly labeled along with the acreage amount contained in
each;
d. an outline of each active
or non-released land use agreement granted by the state of Louisiana including,
but not limited to, a state wind lease, state mineral lease, state operating
agreement, state exclusive geophysical agreement, state non-exclusive seismic
permit, state right of way, and/or state surface/subsurface agreement, as well
as any nomination tract approved for advertisement or advertised as offered for
state mineral lease, state operating agreement, or state exclusive geophysical
agreement abutting, adjacent to, intersecting, and partially/wholly enclosed in
the nomination area, clearly labeled with its official number along with the
acreage amount contained therein;
e. an outline of any lands and water bottoms
not belonging to the state of Louisiana falling in the nomination area, clearly
labeled "Not State Owned" along with the acreage amount contained
therein;
f. all water bodies,
clearly labeled;
g. the block
system (if applicable), with block names and numbers;
h. section, township, range information (if
applicable);
i. parish name(s);
and
j. the name and date of the
background imagery used;
6. a .dxf file that contains only the
boundary of the nominated acreage, provided on the nomination diskette or
CD-ROM. The boundary shall be a single line with no additional lines, labels,
text, or graphics, and shall be constructed of individual line segments between
vertices. The X-Y coordinates in the .dxf file must exactly match those in the
written property description and the plat;
7. a nomination diskette or CD-ROM clearly
labeled "State Wind Lease Nomination Diskette" that shall have the applicant
and project names affixed thereon and contain the written property description
as a Word .doc file, the plat as a .pdf file, and the .dxf file;
8. a summary of the environmental issues
including, but not limited to, avian and baseline noise levels, the
environmental impact of the placement of wind turbines and other equipment
necessary for the exploration, development and production of wind energy, and
the steps proposed to minimize the environmental impact, along with any
supporting environmental impact documentation;
9. a list of governmental entities including
each federal, state, parish and local governmental entity that has jurisdiction
in the nomination area and for each, the contact person name, title, office
address, telephone and fax numbers, and email, as well as the type of legal
authority, if any, acquired or to be acquired from the governmental
entity;
10. a nomination fee
payment in the amount of $400 made payable to the Office of Mineral Resources
as a non-refundable fee to satisfy the cost of processing an application for a
state wind lease. A personal or business check is acceptable;
11. any other information and documentation
required by the Office of Mineral Resources.
AUTHORITY NOTE: Promulgated in accordance with R.S. 41:1734.
Disclaimer: These regulations may not be the most recent version. Louisiana may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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